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(영문) 의정부지방법원 2017.11.07 2016고단5616
도로교통법위반(음주측정거부)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, at around 00:50 on December 12, 2016, driven a motor vehicle under the influence of alcohol by drinking alcohol on the front side of D in Yangju City, while driving a motor vehicle under the influence of alcohol on the front side of D, the Defendant, from the slope G belonging to the Yangju Police Station F of the Yangju Police Station where he was under the control of drinking alcohol driving, was under the influence of alcohol, such as drinking alcohol to the Defendant, snicking and h

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 25 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. The application of Acts and subordinate statutes to the ledger for using drinking meters and the report on the circumstances of drivers of drinking alcohol;

1. The provision of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, the selection of punishment for a crime under the relevant provision of the Act, and the selection of imprisonment;

1. Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight (the fact that the instant crime is recognized and reflected, the fact that the instant vehicle was disposed of, and the fact that there is no special criminal conviction in addition to the one-time fine for driving, in addition to the one-time fine for driving, etc.);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. An order to attend a course under Article 62-2 of the Criminal Act;

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